Child custody - minor son

In case of a child being under 5 years of age the custody by default goes to mother, and she being the mother, holds a stronger position as compared to you.. having said that, no one can still stop you from demanding your childs physical custody rights.

Try approaching a good lawyer and see what comes out.

all the best

Adv Simi

Mumbai

9967642220

Thanks for quick reply !!!

Can I get the visitation rights to meet the minor son twice in a month and will it create positive impact in the court's minds so that court will grant physical custody after 5 years ?

Can strong financial and education background be a ground to get the physical custody after 5 years ?

Kindly advise.

Yes. U definitely get visitation rights.  Custody after 5 years, come here after 5 years and ask your querry.

prove that your wife is mentally ill / loose character or has bad habits like smoking, drinking etc, u get the custody.. else below 5 years, its impossibe for you to get custody.

 

just try to get as much visitation rights and do your bit. keep collecting evidences for next 3.5 years where you doing your best for him (shopping bills of clothes, books, cakes, toys etc and photos of outings with him) and also try finding how your wife isnt handling him well. if you do this... your work will be much easier when your child is 5 years..

This would be a right move in your case. There are 50% chances of settling all the issues like Divorce, maintenance and 498A cases, if you file a custody petition (G & WC). However, since your son is under 5 years of age the custody will be with the mother, as any child needs the mother upto the age of 5 years and you will get the visiting rights. Visiting rights are important at this stage, so that later on you can claim the complete custody based on your financial and other position.

@rising up again Please don't give this kind of suggestions. A child who is already deprived of a parent should not be used as a weapon in legal battles. By just putting false allegation on the mother without havinf sufficient proof wil give only a negative impression about the father that he himself is not bothered about child's welfare. @ Gaurav. Please use a better way to deal with your problem. All these case are just adding more problems in your and your families life. Try to solve it with friends or relatives or mediation cell. Cour takes a very serious note weather you are giving maintenance for your child or not.

victim need help -- READ AGAIN.. where did i say..put false allegations..!! i just say, prove that else,forget it ! did i anywhere gave him ideas how to do so... ??? OR can that be proved easily ??? he wil have to arrange many proofs which would be almost impossible. ALSO, i told him to take care of the child and spend time with him...during visitation rights.. is that wrong ?

So, better not to be a gyaani !! read full comments and then give gyaan to people.

 

ALSO, having said the above... i still believe, its a war and i would do anything to get my son back..  !! thats my personal opinion, as i would not want my son to think all his life that i deserted him and did nothing for him. After he is youg, he will start hating me and not even comeclose to me. so, better to bring him to me and then...handle situations how they come.  GAURAV@ you may not follow what i say...as you should do things as per your own capacity or priorities.